U.S. President Donald Trump has asked the Supreme Court for permission to resume his administration’s deportation of Venezuelan migrants to El Salvador, which would be done under the 18th-century wartime law “Alien Enemies Act,” Newsweek reported.
The Trump administration tried to cancel a lower court’s order that blocked the deportation of Venezuelans it claimed were criminals and a danger to Americans. But the attempt failed.
The Justice Department said in court papers that federal courts should not interfere with sensitive diplomatic negotiations, and it added that the immigrants should file their cases in a federal court in Texas, where they are being detained.
According to reports, the temporary stay of deportation was issued by U.S. District Judge James E. Boasberg, the chief judge of the federal court in Washington. However, the president has called for Boasberg’s impeachment over the order.
Why it Matters
According to Newsweek, Trump is the first president since World War II to invoke the Alien Enemies Act, which makes mass deportation of undocumented and criminal immigrants a priority of his administration and a major campaign promise he intends to deliver on.
The Alien Enemies Act allows non-citizens of the United States to be deported without a hearing before an immigration or federal court judge.
The case has become the focus of growing tension between the White House and the federal courts. However, Trump is seeking to use his maximum powers as the 45th president, and its limits are certainly under test in the courts.
According to reports, Trump and his allies believe the judges are overstepping their authority and unduly obstructing his democratic mandate. His opponents say the judges are an important constitutional check on the executive branch’s abuse of power.
What to Know
Some of the detained people say they have no connection to the Tren de Aragua gang, which Trump cited to justify using the Alien Enemies Act. Under this law, the gang is treated as an invading force to speed up deportations.
Newsweek reported that shortly after the law was enacted, U.S. Secretary of State Marco Rubio confirmed that about 250 people had been sent to El Salvador, some of whom were alleged members of the MS-13 and Tren de Aragua gangs. Importantly, the move was part of a $6 million deal with El Salvador’s President Nayib Bukele.
Attorneys for the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of five Venezuelan non-citizens detained in Texas within hours of the announcement. However, in this case, the court has given the ACLU until Tuesday to respond.
Boasberg issued a temporary stay on deportations in early March and ordered the planeload of Venezuelan migrants to be returned to the United States, but that did not happen. President Trump’s lawyers say they had already left American airspace.
The judge then promised to determine whether the government had violated an order to turn back its aircraft. The administration has claimed “state secrets rights” and refused to provide Boasberg with any additional information regarding the deportation.
Judge Boasberg ruled in his order that immigrants facing deportation must have the opportunity to challenge their designation as alleged gang members.
What’s Next
The Supreme Court, where conservative justices hold a 5-3 majority after Trump’s previous appointments, will now consider the administration’s request to continue the deportations despite Judge Boasberg’s order, according to Newsweek.
Also Read: The impact of illegal immigration across developed countries, including the United States
